Thread by @barandbench

Bombay High Court to shortly start hearing arguments by Kangana Ranaut against the BMC’s move to demolish portions of her property on allegations of illegal alterations.

@KanganaTeam @mybmc

#KangnaRanaut
#BombayHighCourt

Time had been given yesterday to recently impleaded respondents, Shiv Sena’s Sanjay Raut @rautsanjay61 and the @mybmc officer who ordered the demolition, to file their responses by the time their turn to address the Court reaches.

However, the hearing was fixed for today.

The Court yesterday remarked that it cannot leave the property in a half-demolished state while refusing to adjourn the matter further.

Read more:

barandbench.com/news/litigatio…

Justices SJ Kathawalla and RI Chagla will start hearing submissions for Ranaut this afternoon.

@KanganaTeam @mybmc

#KangnaRanaut
#BombayHighCourt

Bench starts hearing the matter.

@KanganaTeam
@mybmc

#KangnaRanaut
#BombayHighCourt

Birendra Saraf (for @KanganaTeam): The @mybmc said they would file their affidavit on Thursday. The affidavit was filed this morning. I will respond to the affidavit by Monday.

Aspi Chinoy (BMC): We have served it on Thursday night, when my friend got it I do not know.

Chinoy, referring to Kangana Ranaut's rejoinder: This should not be taken up as writ petition.

#KanganaRanaut
#BombayHighCourt

Saraf: Far from establishing their (BMC's) case, they have completely demolished their case.

In every affidavit, they have tried to deviate, improve their case.

Their entire case is one in malice

@KanganaTeam
#KanaganaRanaut
#BombayHighCourt

Saraf: It has been established that I had a difference in opinion from the people in power. I had a difference in ideologies, which I will continue to express.

Saraf adds that the timing of the case would also show that the case is one in malice

@KanganaTeam
#KanaganaRanaut

Saraf recounts details regarding when the property was purchased (2017), when permission was sought to carry out repairs to the 42-year old property in line with recommendation after a structural audit, how the MCGM noted that the repairs required were major etc.

Saraf: At every stage, we have engaged proper advisers and consultants and also informed the MCGM.

Corporation has been informed, Society was informed. It is not that something was surreptitiously done, Saraf adds

@KanganaTeam

#KanaganaRanaut
#BombayHighCourt

Saraf: Renovation was complete in January 2020

He adds that Orange LLP was engaged for the works.

Saraf (after renovation): I conducted a pooja after the renovation, which received wide publicity. Elle Decor also featured the bungalow in 2010.

@KanganaTeam

Sept 5, 2020, @KanganaTeam makes a statement on the manner in which @MumbaiPolice was functioning

In retaliation, @rautsanjay61 threatened the petitioner in a derogatory manner on a news channel called News Nation

Saraf: In the interview, @rautsanjay61 was asked if anything would be done beyond the law.

Saraf adds: Raut said, "What is law?" and that we need to teach the petitioner (@KanganaTeam) a lesson - that was the sum and substance

Court: Give the transcript, to the other side also

Saraf: In the interview, @rautsanjay61 was asked if anything would be done beyond the law.

Saraf adds: Raut said, "What is law?" and that we need to teach the petitioner (@KanganaTeam) a lesson - that was the sum and substance

Court: Give the transcript, to the other side also

Saraf: On the same day (September 5) at 3.30 pm the BMC officials visit and look around. The timing becomes relevant. One person came, saw and went

@KanganaTeam

#KanganaRanaut
#BombayHighCourt

Saraf: On Sept 7, the officials of MCGM visited the bungalow and were there till .... They noticed that a worker was doing waterproofing work. The WhatsApp screenshots between @KanganaTeam and her sister show the time when the officials visited

#KanganaRanaut
#BombayHighCourt

Saraf: The timing is shown much later (by the BMC) in the inspection report. I will show these contradictions.

On Sept 8 I make a response, I write a letter that no work is being carried out as alleged. At the first opportunity, I told them no work is going on as alleged.

Saraf: On Sept 9 an order is passed... This given on Sept 9 morning, at 10.30 am.

However, on Sept 9, the entire machinery has gathered, even before the notice has been given.

@KanganaTeam

#KanganaRanaut
#BombayHighCourt

Saraf: On Sept 9 an order is passed... This given on Sept 9 morning, at 10.30 am (posted on a wall).

However, on Sept 9, the entire machinery has gathered, even before the notice has been given

@KanganaTeam

#KanganaRanaut
#BombayHighCourt

Saraf further refers to various contradictions in the BMC's allegations of the work on Kangana Ranaut's property.

Court says it will be questioning both sides on whether the work was pending work or work done.

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

How was the ground floor demolished? Bombay HC asks when it is told that the work on the ground floor had already been done (and that there were no violations from pending work).

Saraf: That is exactly the point, I bow down to your Lordships

#KanganaRanaut
#BombayHighCourt

Court views photographs submitted of demolished portions of the property, and photographs before the demolition.

Court notes: There is a magazine which shows all these... as existing in January

#KanganaRanaut
#BombayHighCourt

Aspi Chinoy refers to a 3 foot ledge that was unauthorised and has been demolished. The jutting out part is seen, just near the ground floor and the first floor, he adds.

Court: Is this jutting out portion shown in the magazine?

#KanganaRanaut
#BombayHighCourt

Saraf refers to a picture of the entire exterior of the building.

Court: This is part of the magazine?

Saraf: Yes, yes... I will verify. This is part of every house in that row in that area

#KanganaRanaut
#BombayHighCourt

Court says that it will have to be appraised on: Whatever was existing in January - whether they have demolished that portion...

Because then if they proceed then, it is unauthorised, the Court adds.

#KanganaRanaut
#BombayHighCourt

Saraf refers to contradictions between the BMC's handwritten notes initially prepared and the inspection report of the BMC.

#KanganaRanaut
#BombayHighCourt

Saraf says that BMC has not prepared any panchnama recording that any equipment or tools for work were found on the property of @KanganaTeam

Saraf: In the first affidavit they say material such as plywood was found. In the second that "plywood and debris were found."

Saraf: This clearly shows that there cannot be ongoing material without any equipment and tools and they are saying there was working going.

This itself establishes that there was no work going on.

#KanganaRanaut
#BombayHighCourt

HC asks Chinoy to get information on some aspects, including details of workers stated to have been found on the property of @KanganaTeam

Court: You can ask your designated officer, instead of us asking him and him getting nervous...

Saraf: The only statement made in the affidavit that workmen, material and tools were found at the time of inspection. No details, how many workmen, nothing at all

After I file my affidavit, please have a look at their (BMC's) additional affidavit. Please have a look at para 81.

Saraf: I don't see any affidavits saying that on Sept 5 any photographs were taken.

In the new affidavit, they say the mukadam took photographs also.

Now they say "six workmen" and that "materials and tools" were found ...

Saraf keeps reading the later affidavit of the BMC, refers to the submission that photographs were taken: They don't annexe these photographs...

Saraf continues reading.

#KanaganaRanaut
#BombayHighCourt

Saraf: There is no consistency in what he (for BMC, in their affidavit) says. He just used his words, wherever he wanted in whatever way he wanted.

@KanganaTeam
@mybmc

#KanaganaRanaut
#BombayHighCourt

Saraf: In their first affidavit they mention no material. In their second affidavit, they say material "like plywood". They are just trying to improve their case at every stage.

@KanganaTeam
@mybmc

#KanaganaRanaut
#BombayHighCourt

Saraf refers to BMC's submissions that there were "extensive renovation work" being carried out and that six workmen and material was found on Ranaut's property.

He goes on to says that there was no sketch that was up to scale, although circulars require such sketches

Saraf: The only thing produced is a photograph of 1 person standing on a stool or a ladder.

Refers to circulars issued by the MCGM, Saraf asserts that they have also admitted that sketches up to scale should be there.

@KanganaTeam
@mybmc

#KanaganaRanaut
#BombayHighCourt

Saraf: This is the kind of shifting stance they take from time to time. And they go about challenging everything that I say.

@KanganaTeam
@mybmc

#KanaganaRanaut
#BombayHighCourt

Saraf: In their second reply, they said for the first time that six persons were present.

@KanganaTeam
@mybmc

#KanaganaRanaut
#BombayHighCourt

Saraf also objects to BMC's submission that @KanganaTeam has not denied that there are unauthorised constructions, referring to page 30 of the petition.

In Ground L, it says that Kangana Ranaut has termed the BMC's allegations of unauthorised work were "perverse", he recites

Saraf: It (BMC's allegations) is never accepted anywhere

Referring to the conversion of some office space for toilet use, Saraf adds: I have said that some of the areas mentioned are in operational use, how can you say that it is unauthorised use?

Saraf: I have also said if you had given me a fair opportunity, I would have consulted an expert. And I might have possibly removed it myself if they recommended it.

Read more:

barandbench.com/news/litigatio…

Saraf: Now they will say these are disputed questions of fact and it cannot be raised in a writ petition.

There is no disputed question of fact, their records would establish this.

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

Saraf refers to submissions that BMC mukadam had taken photographs and bags filled with construction waste on the property on September 5

Court: Does the photograph show "Sept 5"?

Saraf: They have put in handwriting "5th"

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

Court asks how the BMC officer took the photo.

BMC officer took it on his mobile phone, Aspi Chinoy informs after consulting with the officer.

Court asks that the mobile photo be submitted. Chinoy undertakes to submit.

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

Saraf asserts that this photograph also does not show any work being carried out on the property.

@KanganaTeam
@mybmc

#KanganaRanaut
#BombayHighCourt

Saraf adds that in new apartments: We always see teething issues. Jan, the bungalow was ready and occupied. Then there was COVID... Maybe there is touch work going on because of water leakage... bungalow was exposed to monsoons. Some touch up here or there obviously gets done

Saraf: The fact that somebody visited on Sept 5, that I have also said.

The point is when I put twice in issue that there is no "detection report"....

Saraf takes the Court through various photographs to state that the areas demolished in the bungalow were portions where construction was already over.

In page 159, look at the toilet. This is one of the things they say was unauthorised.

Court: It is demolished?

Saraf: Yes

Court: Something is cut, what is this?

Saraf: Must be a vent, I will find out.

Saraf: Sofas are there... 163, light fittings are there.... everything is completed, Milord.

Court asks that details be submitted on which floor these photographs are from.

Saraf: Page 166 - this was where the coffee machine (featured in the magazine) was kept. Pages 167, 168, 169 - none of these show work was being carried out. 170, there was a toilet with everything fitted in.

Court: When this Orange chap (architect) carried out the work, he must have taken photographs

Saraf says that he has been asking for photographs from others and that he will get more by Monday.

Saraf refers to comparative photos he has shown in the submissions.

Saraf: This shows the extensive damage done to my property, without any regard to what is lying where.

#KanaganaRanaut
#BombayHighCourt

Court: What is the time of the demolition?

Saraf: They started at around 10.30 - 10.35

Court: How much time did they do this?

Saraf: They were continuing until your Lordship's order (of stay) was finally communicated.

Saraf: They locked themselves inside. Long time was wasted. In the meanwhile they were

@RizwanSiddiquee: I personally visited the bungalow, told them that the matter was sub judice. They locked me outside the bungalow.

#KanganaRanaut
#BombayHighCourt

@RizwanSiddiquee adds that the BMC did this despite being aware of the fact that the matter is before the court and the matter is sub judice...

Siddhiquee: They had called the whole media there.

#KanganaRanaut
#BombayHighCourt

Aspi Chinoy tells the Court that photos were always taken of what was being demolished by the BMC.

Chinoy: You can't make substantive alterations...everything demolished was not in the plan.

#KanganaRanaut
#BombayHighCourt

Saraf contends that every other person spotted in the photograph is being passed off as a worker.

Saraf: Do these even look like workers? Are they carrying out any work of any nature?

#KanganaRanaut
#BombayHighCourt

Saraf: At page 195, there is a person cleaning something on the ground. He is shown as a worker when he is looking at his mobile. This is the kind of extent they go to justify... the more and more you get entangled in it.

#KanganaRanaut
#BombayHighCourt

Saraf: First, it's "workmen", then it is "workmen and plywood"... It is just improving their case every day.

#KanganaRanaut
#BombayHighCourt

If detection was made on the 5th of September, Saraf says that there are circulars stating that the detection should have been added to the detection register on the same day.

Saraf adds that a rough sketch of unauthorised construction should also be prepared

#KanganaRanaut

Saraf: The idea is, you should not have a controversy later on. If you have the material, keep it so you can produce it before a court of law

Saraf keeps reading provisions re the procedure to be followed in the demolition of illegal structures

#KanganaRanaut
#BombayHighCourt

Court refers to "detection register report" of BMC, referring to certain entries, it asks BMC: When was the notice given in these cases and when were the demolition?

Chinoy: Does your Lordships wanted it in term of a note or ...?

Court: We want it right now.

Chinoy: I don't have the details now....

He adds that he can obtain the details and submit it orally or by a written note.

Court says it can be submitted in whichever mode convenient

Chinoy: I can provide a short note on all of these...

Court: Very well.

Court says it will continue hearing the matter on Monday at 11 am. Court has asked parties to make their written submissions

Saraf says he will file an affidavit by Monday

Court: Give it Mr Chinoy by Sunday evening, please

@KanganaTeam @mybmc

#KanganaRanaut
#BombayHighCourt

Hearing over.